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PEOPLE'S REPUBLIC OF CHINA (PRC)
Governing Law: The following replaces this Section:
Both you and IBM consent to the application of the laws of the State of New York (except when local law requires otherwise) to govern, interpret, and
enforce all your and IBM’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without
regard to conflict of law principles.
Any disputes arising from or in connection with this Agreement will first be resolved by friendly negotiations, failing which either of us has the rightto
submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing, the PRC, for arbitration in accordance with its
arbitration rules in force at the time. The arbitration tribunal will consist of three arbitrators. The language to be used therein will be English and
Chinese. An arbitral award will be final and binding on all the parties, and will be enforceable under the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (1958).
The arbitration fee will be borne by the losing party unless otherwise determined by the arbitral award.
During the course of arbitration, this Agreement will continue to be performed except for the part which the parties are disputing and which is
undergoing arbitration.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
THE FOLLOWING TERMS APPLY TO ALL EMEA COUNTRIES:
The terms of this Statement of Limited Warranty apply to Machines purchased from IBM or an IBM reseller.
Warranty Service:
If you purchase an IBM Machine in Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or United Kingdom, you may obtain warranty service for that Machine in
any of those countries from either (1) an IBM reseller approved to perform warranty service or (2) from IBM. If you purchase an IBM Personal
Computer Machine in Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan,
Kirghizia, Federal Republic of Yugoslavia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic,
Slovenia, or Ukraine, you may obtain warranty service for that Machine in any of those countries from either (1) an IBM reseller approved to perform
warranty service or (2) from IBM.
If you purchase an IBM Machine in a Middle Eastern or African country, you may obtain warranty service for that Machine from the IBM entity within
the country of purchase, if that IBM entity provides warranty service in that country, or from an IBM reseller, approved by IBM to perform warranty
service on that Machine in that country. Warranty service in Africa is available within 50 kilometers of an IBM authorized service provider. You are
responsible for transportation costs for Machines located outside 50 kilometers of an IBM authorized service provider.
Governing Law: